Ray et al v. Bluehippo Funding, LLC et al

Filing 253

ORDER GRANTING 250 Request of all Parties for Thirty Day Stay of Deadlines to Permit Preparation of Documentation for Class Action Settlement. Signed by Judge Jeffrey S. White on 1/29/09. (jjo, COURT STAFF) (Filed on 1/29/2009)

Case 3:06-cv-01807-JSW

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Robert M. Bramson (SBN 102006) [e-mail] BRAMSON, PLUTZIK, MAHLER & BIRKHAEUSER, LLP 2125 Oak Grove Road, Suite 120 Walnut Creek, CA 94598 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs ROYLENE RAY, KELLY CANNON, KARLA HODGES and LAKETA COULTER Additional Counsel on Signature Page Jeffrey D. McFarland (SBN 157628) [e-mail] Stan Karas (SBN 222402) [e-mail] QUINN EMANUEL URQUHART OLIVER & HEDGES 865 S. Figueroa Street, 10th Floor Los Angeles, CA 90017-2543 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant GATEWAY, INC.

Douglas R. Young (SBN 073248) [e-mail] C. Brandon Wisoff (SBN 121930) [e-mail] Anthony P. Schoenberg (SBN 203714) [e-mail] Morgan Jackson (SBN 250910) [e-mail] FARELLA BRAUN & MARTEL LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants BLUEHIPPO FUNDING, LLC and BLUEHIPPO CAPITAL, LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

ROYLENE RAY, KELLY CANNON, KARLA HODGES and LAKETA COULTER et al., individually and on behalf of others similarly situated,, Plaintiffs, vs. BLUEHIPPO FUNDING, LLC, BLUEHIPPO CAPITAL, LLC and GATEWAY, INC., Defendants.

Case No. C-06-1807 JSW EMC JOINT REQUEST OF ALL PARTIES FOR THIRTY DAY STAY OF DEADLINES TO PERMIT PREPARATION OF DOCUMENTATION FOR CLASS ACTION SETTLEMENT AND ORDER THEREON

Trial Date: February 1, 2010

JOINT REQUEST OF ALL PARTIES RE STAY RE TENTATIVE SETTLEMENT Case No. C-06-1807

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Plaintiffs Roylene Ray, Kelly Cannon, Carla Hodges Laketa Coulter, Linda Pullum, Mayra Ayar, Esperanza Ochoa and Janis Shoemaker (collectively "Plaintiffs"), defendants BlueHippo Funding LLC, BlueHippo Capital, LLC (collectively "BlueHippo") and defendant Gateway, Inc. ("Gateway"), by and through counsel, hereby stipulate as follows and respectfully request the Court to enter the accompanying proposed order: 1. The parties reached a settlement in principle of all claims and issues in this

litigation on January 27, 2009 with the able and much appreciated assistance of the Honorable Joseph C. Spero. 2. Because the settlement will include resolution of class claims, the settlement terms

will need to be submitted to the Court for preliminary approval and ultimately for final approval. Preparation of the stipulation of settlement and the accompanying documents for preliminary approval will require the input and review of several parties and their counsel as well as verification of various customer data. 3. So as to permit them to complete these tasks, the parties respectfully request that

the Court: (1) vacate the hearing on BlueHippo's currently pending motion to dismiss (set for February 20, 2009), suspend further briefing and withhold any decision on that motion; (2) suspend all deadlines in connection with the class certification briefing and hearing (Plaintiffs' motion is currently due on February 19, 2009 and a hearing is set for April 3, 2009); and (3) temporarily stay, for a period of thirty (30) days, all litigation activity in the case unnecessary to the preparation of the stipulation of settlement and preliminary approval papers (various depositions of the class representatives and other discovery issues are scheduled over the next few weeks in anticipation of the class certification motion deadlines). This will reduce unnecessary burden on the Court and avoid the unnecessary expenditure of the parties' funds and resources that can otherwise be used for settlement. Moreover, the parties' counsel wish to focus on drafting the required settlement documents rather than engaging in continued litigation efforts which, in all likelihood, will prove to be unnecessary. 4. The parties will either present the proposed settlement to the Court for preliminary

approval within 30 days or inform the Court of the status of the matter and request appropriate
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scheduling changes at that time. The parties are motivated to complete the settlement documents and will work diligently toward that end. SO STIPULATED.

Dated: January 28, 2009.

BRAMSON, PLUTZIK, MAHLER & BIRKHAEUSER, LLP

By:

/s/ Robert M. Bramson

David J. Marshall [e-mail] Debra S. Katz [e-mail] KATZ, MARSHALL, BANKS, LLP 1718 Connecticut Ave., N.W., Sixth Floor Washington, D.C. 20009 Telephone: [phone] Facsimile: [phone] Gary Peller [e-mail] Professor of Law GEORGETOWN UNIVERSITY LAW CENTER 600 New Jersey Avenue, N.W. Washington, D.C. 20001 Telephone: [phone] Facsimile: (202) 662Attorneys for Plaintiffs

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Dated: January 28, 2009.

FARELLA BRAUN & MARTEL LLP

By:

/s/ C. Brandon Wisoff

Attorneys for Defendants BLUEHIPPO FUNDING, LLC and BLUEHIPPO CAPITAL, LLC I hereby attest that I have received authority from the other counsel signatories to file this document. [Signatures Continued on Next Page] Dated: January 28, 2009 QUINN EMANUEL URQUHART OLIVER & HEDGES

By:

/s/ Jeffrey D. McFarland

Attorneys for Defendant GATEWAY, INC.

[PROPOSED] ORDER In accordance with the above stipulation and for good cause shown, IT IS SO ORDERED. January 29 Dated: ______________________, 2009. ________________________________________ Jeffrey S White, U. S. District Judge

JOINT REQUEST OF ALL PARTIES RE STAY RE TENTATIVE SETTLEMENT Case No. C-06-1807

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